Blueberry patent wars

Copyright ® Françoise Herrmann

Blueberry patent wars are unusual in the world of infringing on Intellectual Property (IP) rights. Indeed, such activity is more readily associated with Silicon Valleys than the Yunnan Plateau, in China. However, the blueberry market has become both very lucrative and highly competitive. The International Blueberry Organization (IBO) reports an estimated 2333 million tons of blueberries produced worldwide in 2025, with 890 000 tons produced in China alone (IBO 2026).

In November 2024, under the auspices of the China Chamber of Commerce for Import & Export of Foodstuffs, Native Produce and Animal By-Products (CFNA), the China Blueberry Committee (CBC) was created, in collaboration with major international players on the blueberry market (IBO3). International players such as the International Blueberry Organization and berry giants such as Driscoll’s in the United States. The China Blueberry Committee's four stated goals included: Sustainable growth‌, Quality enhancement, Global integration, and the protection of blueberry breeders’ Intellectual Property (IP) rights (IBO4).

The creation of the new China Blueberry Committee (CBC) came just one month before the Australian Mountain Blue Orchards company won a historic and much publicized lawsuit in the Intermediate People’s Court of Kunming, in the Yunnan Province, China’s largest blueberry-producing region (IBO2). This was a landmark decision because it was the first ruling that protected the IP rights of foreign plant breeders in China. At stake was plant theft identified via DNA testing at a nursery, where the theft had enabled propagation of Mountain Blue Orchards’ top-of-the-line blueberry variety, Eureka Sunrise. The lawsuit resulted in heavy punishment for the illegal Chinese growers, who were ordered to destroy all nursery crops, and to pay a $23,000 fine for fees and damages (Emont, Sept. 2026).

Following this major IP win at a Chinese Court, and continued covert inspections in nurseries, Driscoll’s filed as many as 20 lawsuits for “copycat” blueberry varieties grown in China, as well as for its proprietary greenhouse designs (IBO1; Small, 2026). However, the preferred strategy appears to have shifted towards licensing of plant varieties to Chinese growers, at least to collect royalties, and to prevent foreign companies from appearing too belligerent

References

Emont, J. (Sept. 14, 2026). Driscoll’s Gave China Its Blueberries—Then China Swiped the Secret to Growing Them. Wall Street Journal. https://www.wsj.com/business/driscolls-berry-farms-china-competition-b0b49f04?eafs_enabled=false  

International Blueberry Organization (IBO) https://www.internationalblueberry.org/  

 2026 IBO Global Blueberry Report.  International Blueberry Organization.
https://www.internationalblueberry.org/2026/09/08/navigating-volatility-and-growth-key-insights-from-the-2026-ibo-global-blueberry-report/ 

Mountain Blue Orchards
https://www.mountainblue.com.au/ 

IBO(1) - Taking on the illegal players: why Mountain Blue’s China victory signals a sea change for the blueberry industry. International Blueberry Organization.
https://www.internationalblueberry.org/2025/01/31/taking-on-the-illegal-players-why-mountain-blues-china-victory-signals-a-sea-change-for-the-blueberry-industry/ 

IBO(2) Mountain Blue Orchards wins historic lawsuit in China over illegal propagation of blueberries December 2024. International Blueberry Organization.
https://www.internationalblueberry.org/2024/12/02/mountain-blue-orchards-wins-historic-lawsuit-in-china-over-illegal-propagation-of-blueberries/ 

IBO(3) China: Blueberry Committee created and intellectual property protection of varieties announced January 2025. International Blueberry Organization.
https://www.internationalblueberry.org/2025/01/03/china-blueberry-committee-created-and-intellectual-property-protection-of-varieties-announced/ 

IBO(4) - About the China Blueberry Committee. International Blueberry Organization.
https://www.internationalblueberry.org/china-blueberry-committee/

Small, J. (Sept. 21, 2026)  Inside Driscoll’s Berry Strange Case of Corporate Espionage: How China Stole Its Secrets
https://www.entrepreneur.com/business-news/inside-driscolls-berry-strange-case-of-corporate-espionage-how-china-stole-its-secrets